A guide to giving evidence at fitness to practise hearings. Information for witnesses

Transcription

1 A guide to giving evidence at fitness to practise hearings Information for witnesses

2 Contents About this brochure 1 Providing a witness statement 1 Before the hearing 2 The hearing 3 Giving evidence 5 After giving evidence 6 Claiming expenses 7 Directions to Park House 8 Contact details 10 Your feedback 11

3 Information for witnesses About this brochure This brochure contains information for people who we, the Health and Care Professions Council (HCPC), ask to provide a witness statement or attend a hearing as a witness. We understand that you may be nervous about giving evidence and we hope that the information in this brochure will tell you everything you need to know before, during and after the hearing. If you have any further questions after reading this brochure, please contact our Fitness to Practise Department see page 10. Providing a witness statement We will ask you to provide a witness statement, and usually go to a hearing, if we have received a complaint (an allegation) about a professional who is registered with us (a registrant) and you saw or know about the allegation. Or, you may have other evidence relating to the allegation that is important. A panel of our Investigating Committee will have already looked at the case and will have decided that a hearing should take place. We will contact you to arrange to take a statement at a time and place that is convenient for you. The person taking your statement will explain the fitness to practise procedures and let you know what to expect if you have to give evidence at a hearing. They will then take a statement from you which will include what you saw or how you are involved in the case. Your statement will be typed up and sent to you for you to sign and confirm. We will contact you to let you know if we need you to go to the hearing. Cases can sometimes last for several days. You will not always need to be there for all of the hearing, and you may need to go on different days from the other witnesses involved in the same case. It is possible that you may have to go on a number of days, as it is sometimes difficult to predict on exactly what day you may need to give evidence. Information for witnesses 1

4 It can take a number of months to organise a hearing date. We try to make sure that hearings are held as quickly as possible. However, this does not always happen and we appreciate your patience. Before the hearing Hearing date We will try to contact you to discuss when you are able to appear as a witness. We will then send you details of when and where the hearing will take place. Very occasionally a witness may refuse to come to a hearing. The panel have the power to order that witness to give evidence. It is a criminal offence to ignore this order. Travel to Park House or another venue We will organise your travel and accommodation for you. You will need to fill in a travel and accommodation request form, available from our offices or from our website ( Hearings are held at Park House in London (our office in Kennington) as well as other venues in England, Northern Ireland, Scotland and Wales. The map on page 8 shows where our offices are. Other support You can bring a friend or family member with you to the hearing to give you support. However, please remember that we will not usually pay their expenses. If you have a disability, or any other needs, please discuss this with us and we will make any arrangements needed. Going to the hearing You should arrive in good time for the hearing and give your name and the name of the case you are involved in to reception. There may be more than one hearing taking place on that day. 2 Information for witnesses

5 The hearings officer (who makes sure the hearing runs smoothly) will meet and welcome you and explain the venue s facilities. They will take you to a waiting room for witnesses only. We will provide refreshments. It would help if you could bring a copy of your statement with you for your reference. You may also want to bring a book or some other quiet activity to keep you busy, as you may have to wait before you give evidence. The presenting officer (who presents the case to the panel on our behalf) will talk to you before the hearing starts and answer any questions you may have. If possible, they will show you the room where the hearing is being held, so you are familiar with it. You may have some time to wait before you can give evidence. We try, wherever possible, to keep delays to a minimum, but sometimes we cannot avoid this. The hearing Hearings are usually held in public. This means that members of the public (including the press) are able to attend. Information heard in public may result in reports in newspapers, on the internet and sometimes on television. Sometimes hearings are held in private due to the confidential information involved. Even if the panel holds a hearing in private, any decisions the panel makes and the reasons for them still need to be given in public. Information for witnesses 3

6 A plan of the hearing room is shown below Observers 1. Panel 2. Witness 3. Transcription writer 4. Registrant and representative (if they are there) 5. Presenting officer 6. Hearings officer 7. Legal assessor The registrant being investigated is invited to go to the hearing, but they can choose not to. If the registrant does not go to the hearing, the case will usually take place without them if the panel are satisfied that we have followed all requirements to tell them about the hearing and doing so is fair. The panel considering the case will usually be made up of a: registrant from the same profession as the person being investigated; 4 Information for witnesses

7 lay person who is not registered with us; and chairperson who leads the hearing and speaks for the panel. The panel will usually go to a separate room to make any decisions about the case. For each decision they make, they will give reasons that they will read out in public. An independent legal assessor (an experienced lawyer) will also be at the hearing, and they will give advice on law and procedure to the panel and other people taking part in the hearing. A transcript writer takes notes of everything that has been said at the hearing. Giving evidence Evidence is the information produced at a hearing, and can be given by witnesses, on paper, or in another way such as by video. You will be shown into the hearing room and asked to stand while you swear on a holy book or confirm that you promise to tell the truth during your evidence. You will be given an oath or affirmation card to read from when you enter the room. You can sit down once you have done this. There will be a copy of your witness statement available for you to refer to if you need to. The presenting officer will ask you to confirm your name and will ask questions based on information in your statement. You may sometimes only be asked to confirm the information in your witness statement. If you are vulnerable, for example you are under 17 years old or you have a physical or mental-health condition, we can ask the panel to make special arrangements for you when you give evidence. This could include you being able to give evidence in private or from behind screens. If the registrant comes to the hearing, they can ask you questions (cross-examine you) about evidence you have just given. If the allegations are of a sexual nature and you are the alleged victim of the allegations, the registrant is not able to cross-examine you without your permission. The registrant may have a representative who will ask you questions on their behalf. Panel members may also ask questions about your evidence. Information for witnesses 5

8 Take time to think about questions. If you do not understand a question or know the answer, you should tell the panel. You should speak in a clear voice and direct your answers to the panel. Try to talk slowly when giving evidence so that people listening have an opportunity to note down what you say. Some questions may make you feel uncomfortable, but the registrant being investigated has the right to test evidence put before the panel. After giving evidence After giving evidence you are free to leave, or you can usually stay for the rest of the hearing. You should not talk to other witnesses who have not yet given evidence, as this could affect the case. What powers does the panel have? The panel hearing the case has to decide whether there are concerns about the registrant being fit to practise. If they think there are concerns, they can: take no further action or order mediation (a process where an independent person helps the registrant and the other people involved agree a solution to any issues); caution the registrant (place a warning on their registration details for between one to five years); make conditions of practice that the registrant must work under; suspend the registrant from practising; or strike the registrant from our Register, which means they cannot practice. Actions the panel take are to protect the public and are not meant as a punishment. The panel carefully consider the individual circumstances of each case and take into account all that has been said at the hearing before making their decision. We will write to you to let you know what decision the panel make. In most cases, we will also put details on our website. 6 Information for witnesses

9 Claiming expenses We can arrange your travel and accommodation for you before the hearing. We will send you details about how to claim any other costs, in line with our witness expense policy. Information for witnesses 7

10 Directions to Park House Hearings in London are usually held at our offices (Park House) in Kennington, South London. If the hearing we ask you to go to is taking place somewhere else, we will send you the address and explain how to get there. The Health and Care Professions Council Park House 184 Kennington Park Road London SE11 4BU 8 Information for witnesses

11 Train The nearest main-line stations are Waterloo and Vauxhall. Here you can get on the London Underground and go to Kennington or Oval Underground stations. London Underground Park House is a ten minute walk from Kennington and Oval Underground stations, which are both on the Northern Line. Bus Bus numbers 155, 133 and 333 stop on Kennington Park Road. Bus numbers 3, 36, 59, 159 and 185 all stop about a five or ten minute walk away from the offices. Bicycle There are off-street bicycle racks at the front of Park House. We do not accept responsibility for bicycles left here. Car We do not have car parking facilities and local parking is limited. Access information If you have any access needs, please contact us to discuss them. Information for witnesses 9

12 Contact details Fitness to Practise Department The Health and Care Professions Council Park House 184 Kennington Park Road London SE11 4BU Freephone: (if you are calling from the UK) Phone: +44 (0) You can also us at or see our website at 10 Information for witnesses

13 Your feedback Understanding your experience as a witness helps us monitor and improve our services. We would be very grateful if you would fill in this form and return it to us at: Fitness to Practise Department The Health and Care Professions Council Park House 184 Kennington Park Road London SE11 4BU. Or, you can give it back to us at the hearing. Name of the registrant being investigated and the date the case was heard: Your name (you do not have to give this if you do not want to): Please say if you agree or disagree with the following statements by circling the appropriate response. 1 I was given clear details of who to contact in case I needed more information. 2 I was kept informed before the hearing. 3 The HCPC made my travel and accommodation arrangements without problems. Information for witnesses 11

14 4 I felt that I knew what to expect before going to the hearing. 5 When I arrived at the hearing, I was professionally greeted straight away and shown where to wait. 6 I was kept informed about what was happening during the hearing. 7 I quickly and efficiently received any information I asked for. 8 My expense claim (if I made one) was dealt with promptly and efficiently. 9 My special requirements (if appropriate) were dealt with promptly and efficiently. Please tell us below if you have suggestions on how we can improve hearings. We will treat the information you give on this form as confidential, and only use it to assess and improve the service we provide to witnesses. Thank you for taking the time to give us your feedback. 12 Information for witnesses

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16 Park House 184 Kennington Park Road London SE11 4BU tel +44 (0) fax +44 (0) This document is available in alternative formats and Welsh on request. Call +44 (0) or Health and Care Professions Council 2012 Publication code: FTP (reprinted with amends due to organisational name change in August 2012) This publication is produced using trees from sustainable forests and recycled fibre. Crystal Mark Clarity approved by Plain English Campaign